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Amends paragraph (8) of 2 U.S.C. 1602 to add a new clause (A)(v) concerning issuance of a grant of executive clemency (in the form of a pardon, commutation of sentence, reprieve, or remission of fine) and adjusts subparagraph (B)(xii) to reference the new (A)(v) exception.
Adds a new subsection (e) to 2 U.S.C. 1603 requiring expedited registration for lobbying related to potential grants of executive clemency: registration must occur not later than 2 days after the first related lobbying contact or employment/retention to make such a contact, whichever is earlier, and applies regardless of income/expense thresholds.
Adds a new subsection (f) to 2 U.S.C. 1604 requiring registrants to file a report within 2 days after a lobbying contact pertaining to a potential grant of executive clemency containing the information described in subsection (b) related to that contact.
Requires the President to publish a written public explanation the same day any grant of executive clemency is made and creates new procedural and reporting rules around clemency. The Pardon Attorney must prepare a Justice Impact Statement when clemency is being considered, federal employees must notify the Pardon Attorney if they learn the President is considering clemency, lobbyists who contact officials about clemency must register and report quickly, and the Pardon Attorney must perform recurring compliance studies and report findings to Congress. The law also adds definitions for terms used in the Act and includes a severability clause so that if part of the law is invalidated the remainder stays in effect.
Defines the term "executive clemency" to mean any exercise by the President of the power to grant reprieves or pardons under clause 1 of section 2 of article II of the U.S. Constitution, and states that the term includes any pardon, commutation, reprieve, or remission of a fine.
Defines the term "victim" by referencing the meaning given in section 503(e) of the Victims’ Rights and Restitution Act of 1990 (34 U.S.C. 20141(e)).
When any grant of executive clemency is made, the President must publish a written explanation of the reasons for granting that clemency in the Federal Register and on the President's official website on the same date the grant is made.
When the Pardon Attorney becomes aware that the President is considering a potential grant of executive clemency, the Pardon Attorney must begin preparing a Justice Impact Statement and make it available to the President and Congress as soon as practicable, but not later than 30 days after becoming aware.
The Justice Impact Statement must include a description of the Pardon Attorney’s efforts to contact victims as required under subsection (c)(1).
Who is affected and how:
President / White House: Must provide same-day public written explanations for every clemency grant and ensure publication in the Federal Register and on the President's official website. This increases public transparency and creates a documented record tied to each clemency action.
Pardon Attorney and Department of Justice staff: Face new duties and timelines — preparing Justice Impact Statements, soliciting input from victims and law enforcement, receiving immediate notifications from DOJ/EOP employees about contemplated clemency, and conducting recurring compliance studies with reports to Congress. These duties create additional administrative work and recurring reporting obligations.
Federal employees in DOJ and the Executive Office of the President: Required to immediately notify the Pardon Attorney if they learn the President is considering clemency, which adds a procedural obligation and may change internal communications practices.
Victims and law enforcement officials: Will be contacted for input and written statements to be included in Justice Impact Statements, increasing their formal role in the clemency process and ensuring their views are documented and transmitted to decisionmakers and Congress.
Lobbyists and entities that hire lobbyists: Subject to expedited registration and reporting (register within 2 days of first clemency contact or hire; file reports within 2 days after each clemency-related contact). This imposes fast-turnaround compliance obligations and may change how advocates approach clemency-related communications. Employers of lobbyists will also bear compliance responsibilities.
Congress: Receives Justice Impact Statements and periodic compliance reports from the Pardon Attorney, enhancing congressional oversight of clemency practice.
Clemency applicants/recipients: Their cases will be more publicly documented through same-day explanations and Justice Impact Statements, which may raise public scrutiny and reduce private advocacy effectiveness.
Administrative impact and costs: The Act creates modest new administrative burdens for DOJ/EOP and lobbyists, including faster recordkeeping and outreach to victims and law enforcement. Costs are primarily staffing and process changes rather than programmatic spending.
Legal and policy effects: The law focuses on transparency and process rather than altering the President’s constitutional clemency power. It could prompt legal or constitutional questions about separation of powers or confidentiality in certain cases, but it does not itself change who may receive clemency or the substantive standards for granting it.
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Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced January 25, 2025 by Richard Blumenthal · Last progress January 25, 2025
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate